Rene L. Siemens and David L. Beck of Pillsbury Law write: It is often said that liability insurance does not provide coverage for fines and penalties imposed on an insured. Part of the difficulty is determining what constitutes a fine or penalty. Many courts have recently rejected insurance company arguments that “statutory damages” are uninsurable…
Category: Commentaries and Analyses
I never promised you a rose garden
I beg your pardon, I never promised you a rose garden. Along with the sunshine There’s gotta be a little rain sometime — From the song The song was running through my head as I read Law360’s report that LinkedIn’s latest attempt to get the lawsuit against it dismissed claims it never made premium subscribers any…
Data Breach Lawsuits Settling in the Southern District of Florida
Al Saikali writes: Plaintiffs in data breach lawsuits around the country have had a difficult time surviving motions to dismiss and for summary judgment. A number of courts have rejected these lawsuits because they failed to allege or demonstrate cognizable injuries, standing, causation, and the requisite elements to withstand an economic loss rule defense. It…
FTC complaint against LabMD could serve as guidance to businesses on data security
The Federal Trade Commission has released a provisionally redacted public version of its complaint against LabMD (PHIprivacy.net’s coverage of LabMD linked here). The complaint provides what could be useful guidance as to what types of practices the FTC considers to be problematic practices under the Act: 10. At all relevant times, respondent engaged in a number of…
Latest Report On Data Breaches: More Outsider Attacks, Many Of Them State-Sponsored
Nice write-up by Mike Masnick on Verizon’s 2013 DBIR, here. Now if I could just find time to read the whole report for myself…
Vermont Attorney General Sorrell Requires Security Upgrades And Assesses Penalty For Security Breach Violations
Attorney General William Sorrell has reached a settlement with Natural Provisions, a grocery store in Williston, Vermont in which Natural Provisions agreed to spend $15,000 to significantly upgrade its computer security system to exceed minimum legal protections, and to pay $15,000 to the State, in addition to other injunctive relief. The settlement resolves allegations that Natural Provisions…